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BUTTIMER v. ALEXIS

Docket No. 22587.

146 Cal.App.3d 754 (1983)

194 Cal. Rptr. 603

JAMES ROYAL BUTTIMER, Plaintiff and Respondent, v. DORIS V. ALEXIS, as Director, etc., Defendant and Appellant.

Court of Appeals of California, Third District.

August 30, 1983.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, and Paul H. Dobson, Deputy Attorney General, for Defendant and Appellant.

Feldman, Shaw & DeVore and David L. DeVore, for Plaintiff and Respondent.

OPINION

CARR, J.

The Department of Motor Vehicles (DMV) appeals from a judgment commanding DMV to set aside an order of suspension of plaintiff Buttimer's (hereinafter referred to as petitioner) driver's license. (1a) At issue is the right of DMV in hearings pursuant to Vehicle Code section 13353 to relitigate the lawfulness of an arrest after a criminal court, in connection...

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